What to Do After a Car Accident in Wisconsin: A Step-by-Step Legal Guide

Car accidents can be overwhelming — in a matter of seconds, you’re faced with the possibility of injuries, vehicle damage, and an uncertain legal process. Knowing the right steps to take can protect your health, your rights, and your financial future. Whether your case involves personal injury, property damage, or both, the right legal guidance can make all the difference.

Below is a practical guide on what to do immediately following a car accident in Wisconsin and how a personal injury defense attorney or criminal defense lawyer can help protect your interests.

Step 1. Address Potential Injuries

Your health comes first. Check yourself, passengers, and others involved for injuries. Don’t hesitate to seek treatment if you believe you may have been injured.

Step 2. Call the Police 

Wisconsin Statutes require operators and occupants of vehicles involved in accidents resulting in injury or death or damage to state or governmental property (think utility pole) or to any vehicle over certain fairly low thresholds to immediately notify the local police/sheriff authorities.  When safe to do so, call the police as soon as you are able after an accident.  Even for minor accidents, a police report creates an official record. 

Step 3. Move to Safety and Exchange Information

If it’s safe, move your vehicle to the side of the road or off of the road to prevent further accidents. Exchange names, contact details, driver’s license numbers, and insurance information with all involved parties. 

Avoid discussing the accident beyond exchanging the necessary information — this helps prevent misinterpretations that could later be used against you.

Step 4. Avoid Discussing Fault

Ask how the other people involved are injured and offer to call for medical assistance.  Exchange information as calmly as possible. Sometimes another party can react with emotion or anger – it is best to keep space, protect yourself and await the police if someone is aggressive or makes you feel unsafe.  It is advisable not to admit fault at the scene, even if you believe you may have been at fault.  

Fault can be admitted down the road if the evidence supports it, since you may not be aware right away of other factors which could have caused or contributed to causing the accident. Even casual statements like “I’m sorry” can be used against you later. Answer police questions as honestly as you are able. You’ve just been through a shocking event and you may not be able to process or communicate all the information properly right away.  

Step 5. Document the Scene

Use your phone or a camera to take clear photos of:

• Vehicle damage

• License plates

• Road conditions

• Traffic signs or signals

This documentation can be invaluable  if you end up facing a claim or lawsuit down the road. It can also be helpful to keep informal notes or a diary as to what happened when, who said what, etc., as those details can be harder to remember as time passes.

Step 6.  Call your Insurance Company

If you were the driver of a vehicle involved in an accident, call the insurance company insuring the vehicle and yours as well, even if you weren’t driving your own car.  Most insurance policies require the insured to provide notice to the insurer as early as practicable.  The insurance company can help you understand the claims process for your vehicle damage, damage to any other vehicles, claims for your accident-related bills and the possibility of a third party making a claim against you.

Step 7. Contact an Attorney

If you and/or the vehicle you are driving are insured, the insurance company will explain how your legal defense is paid for if a claim or suit are filed against you (spoiler alert – in the vast majority of circumstances, the insurance company pays for your defense, including your attorney, as part of the insuring agreement). 

If the accident results in serious injury or death, or involves issues such as distracted driving (i.e. texting) or a DUI, you may also need to consult your own civil defense attorney and/or a criminal defense attorney who can help you navigate the legal process, protect your rights, and ensure your side of the story is heard.

How Can Everson Law Firm Help? 

Our team of experienced, civil litigation (including personal injury defense) lawyers, and criminal defense attorneys in Green Bay can guide you through every step after a car accident.

If you’ve been in a car accident, you don’t have to face the process alone. Contact Everson Law Firm today for a consultation.